PARRIS N. GLENDENING, Governor

Ch. 35

COMMISSIONER TO PRODUCE FOR EXAMINATION ALL POLICIES AND OTHER
DOCUMENTS THAT EVIDENCE THE INSURANCE AND THE AMOUNT OF PREMIUMS
PAID OR AGREED TO BE PAID FOR THE INSURANCE;

(3) IF A CERTIFICATE OF AUTHORITY IS REQUIRED, TO OPERATE AN
INSURER OR CONDUCT AN INSURANCE BUSINESS WITHOUT OBTAINING A
CERTIFICATE OF AUTHORITY ISSUED BY THE COMMISSIONER;

(4) TO MAKE A FALSE SWORN STATEMENT THAT THE PERSON DOES
NOT BELIEVE TO BE TRUE ABOUT MATTER MATERIAL TO AN EXAMINATION,
INVESTIGATION, OR HEARING CONDUCTED BY THE COMMISSIONER; OR

(5) WITH INTENT TO DECEIVE, KNOWINGLY TO EXHIBIT A FALSE
ACCOUNT, DOCUMENT, OR ADVERTISEMENT ABOUT THE AFFAIRS OF AN INSURER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 233(e).

Defined terms: "Certificate of authority" § 1-101
"Commissioner" § 1-101
"Insurance" § 1-101
"Insurance business" § 1-101
"Insurer" § 1-101
"Person" § 1-101
"Policy" § 1-101
"Premium" § 1-101
"Unauthorized insurer" § 1-101

27-407. SOLICITATION.

(A) IN GENERAL.

IT IS A FRAUDULENT INSURANCE ACT FOR:

(1) A PERSON, FOR PERSONAL GAIN, TO SOLICIT AN INDIVIDUAL
INJURED BY OR IN A MOTOR VEHICLE TO SUE OR RETAIN A LAWYER TO REPRESENT
THAT INDIVIDUAL IN A LAWSUIT;

(2) A PERSON, FOR PERSONAL GAIN, TO SOLICIT AN INDIVIDUAL
INJURED BY OR IN A MOTOR VEHICLE TO SEEK CARE FROM A HEALTH CARE
PRACTITIONER; AND

(3) A LAWYER OR HEALTH CARE PRACTITIONER TO EMPLOY,
DIRECTLY OR INDIRECTLY, OR IN ANY WAY COMPENSATE A PERSON FOR THE
PURPOSE OF HAVING THAT PERSON SOLICIT OR ATTEMPT TO SOLICIT CLIENTS FOR
THE LAWYER OR HEALTH CARE PRACTITIONER.

(B) CONSTRUCTION OF SECTION.

THIS SECTION DOES NOT PROHIBIT PUBLIC COMMUNICATIONS OR ACTIVITY
ALLOWED BY APPLICABLE RULES OF PROFESSIONAL CONDUCT OR ACTIVITY
PROTECTED UNDER THE STATE OR FEDERAL CONSTITUTION.

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